on
Election Administration Reform
by
Lloyd Leonard
Legislative Director
The League of Women Voters of the
Mr.
Chairman, many Americans were shocked by the problems in election
administration that were exposed by the 2000 election. We in the League of Women Voters, however,
were not surprised. Unfortunately, the
kinds of problems we saw in 2000 are not unusual. They represent the harvest from years of
indifference that has been shown toward one of the most fundamental and
important elements of our democratic system – our election mechanisms.
Election
2000 demonstrated that election administration systems are in dire need of
repair. Antiquated voting machines and
ballot systems that confuse the voter illustrate the problem at the most basic
level. In addition, poll worker training
issues, reports of differential application of voter ID requirements and other
civil rights concerns, purging practices, accuracy problems, standardization
and consistency issues – all these point to fundamental and systemic problems.
To
remedy these problems, the League urges that Congress pass legislation to fix
the voting machines, to fix the voter registration rolls and to protect
voters. Voting machines, or voting
systems to use the more technical term, must ensure that the voter’s vote will
be properly recorded. Registration rolls
with the names of all properly registered voters should be available at the
polls. And we need a variety of systems
to ensure that the voter has full access to the polls and to the ballot.
Mr.
Chairman, the League supports election reform.
We are disappointed, however, with H.R. 3295, the legislation currently
before this committee. In our view, H.R.
3295 falls short of ensuring that all of
Fortunately,
the crucial shortcomings in H.R. 3295 can easily be corrected. I would like to discuss the problems with the
bill, and suggest ways of fixing them.
First, H.R. 3295 amends current law to remove
existing protections for voters. Specifically, the
legislation amends the National Voter Registration Act in a way that
allows citizens to be purged from voter registration rolls if they don't
vote. Key safeguards under current law
that protect against errors in election administration would be cut back. H.R. 3295 as currently written exposes
millions of duly registered voters to removal from the rolls. We believe that the amendment to the National
Voter Registration Act should be stricken from the bill.
Second, H.R. 3295 fails to ensure that voters with
disabilities have access to the polls just as other American
citizens. That's why a full range of disabilities groups, from the
Paralyzed Veterans of America to the American Council of the Blind, opposes
the legislation as currently written.
While H.R. 3295 reaffirms that the Americans with Disabilities Act applies
in the voting context, it fails to take into account that more than half of all
polling places remain inaccessible to voters in wheelchairs despite the
provisions of the ADA. What’s more, the
bill allows federal funds to be used to purchase new voting machines that are
inaccessible. The bill needs to be
amended to set national standards for accessible voting, with reasonable time
frames for compliance. From our
perspective, simply reinforcing the status quo does not qualify as election
reform.
Third, H.R. 3295 fails to ensure that citizens can
receive a provisional ballot. This
simple reform would provide a special ballot to those who come to the polls but
whose names are not on the official registration list. The ballot would be held aside until election
officials can check to see if the individual is eligible and qualified to
vote. Because many jurisdictions have
problems getting all registered voters onto their lists in time, this is an
important voter protection. While H.R.
3295 purports to set a minimum standard, it includes a huge loophole that
allows the adoption of “an alternative” to provisional ballots. It also fails to ensure that citizens will be
notified whether the provisional ballot is ultimately counted. These problems could be solved by reworking
the language of the bill.
Fourth, H.R. 3295 fails to establish a federal minimum
standard for
Mr. Chairman, the League of Women Voters has worked for
years to protect voter rights. We have
learned that the mechanisms of election administration can be complicated and
detailed. But we have also learned that
those mechanisms and those details determine whether each American citizen will
have a fair opportunity to participate in our elections and whether every vote
will count.
The events surrounding the 2000 election exposed many problems that have been festering for years. Congress should not miss the opportunity to fix these problems. We urge that the deficiencies in H.R. 3295 be corrected so that real election reform can be passed by Congress and signed by the President.
We thank you for your attention, and look forward to working with you on this vital issue.